Legal Question in Real Estate Law in California
I live in an upper middle class apartment complex in the city of Irvine, California; a complex in which social class is clearly evident in terms of the preferential treatment that certain residents receive. An older woman confined to a wheel chair due to paralysis stemming from a spinal cord injury - has caught the attention of some of the neighbors who believe in equality for everyone.
Never-the-less, she is very well mannered and extremely independent. Every day I see her wheeling herself to the mailboxes where she waits patiently until someone approaches her as she will ask them to get her mail for her as she is unable to do so. She has asked the leasing office staff numerous times to assign her a different mailbox that is lower to accommodate her wheel chair stature; she is unable to move her legs.
The complex refused to re- assign her a different mailbox because they said it was the responsibility of the US postal. She eventually asked the mail carrier to honor her request but unfortunately he was unable to do so as he clearly stated that he has nothing to do with the re-assigning of mailboxes that it is up to the management to make that reassignment.
The property management refuses to make her life just that much more dignified but she is ignored once again. Also her apartment is infested with mold as evidenced by the dark markings all around the baseboard of her apartment. Recently management moved her out of her apartment for two weeks so they could take care of the mold situation; they painted over the mold. My neighbor just cried the other day as she wheeled herself to the mailboxes once again; it broke my heart.
The reason for her mistreatment is simply due to the fact that she is a HUD recipient / resident and while on "Housing� - you are not afforded the same treatment and accommodations as those who pay the full amount of rent.
Does the woman in the wheelchair have any legal recourse whatsoever with the management of this apartment complex? Isn't she protected by legislation making it illegal to discriminate against those with disabilities? Can justice be served in this case?
Thank you for your time in this matter!
Sincerely,
Perplexed in Irvine
1 Answer from Attorneys
Third parties, even with the best of intentions, have no right to take action for others. If SHE wants to get legal help in seeking accommodation of her needs and enforcing her rights regarding the mail box access or other handicap issues, then feel free to have her contact me to discuss the facts and issues. If SHE believes she can show a violation of the ADA accommodation or non-discrimination rules regarding the mold situation, the same applies.
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